PEOPLE v. JOHNSON (2001)

Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered April 22, 1998, convicting defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to a term of 1 1/212 to 3 years, unanimously affirmed.

Since defendant's motion to withdraw his plea was clearly meritless (see, People v. Coleman, 268 A.D.2d 303, 700 N.Y.S.2d 819, lv. denied 95 N.Y.2d 794, 711 N.Y.S.2d 162, 733 N.E.2d 234;  People v. Clarke, 251 A.D.2d 7, 673 N.Y.S.2d 648), counsel's refusal to support it did not require appointment of new counsel (People v. Simpson, 238 A.D.2d 193, 656 N.Y.S.2d 724).   In deciding the motion, the court was not influenced by counsel's comments, since they were made after the motion had already been denied (see, People v. Nawabi, 265 A.D.2d 156, 696 N.Y.S.2d 35, lv. denied 94 N.Y.2d 865, 704 N.Y.S.2d 540, 725 N.E.2d 1102;  People v. Smith, 253 A.D.2d 668, 677 N.Y.S.2d 464, lv. denied 92 N.Y.2d 986, 683 N.Y.S.2d 767, 706 N.E.2d 755;  People v. Rodriguez, 189 A.D.2d 684, 592 N.Y.S.2d 965, lv. denied 81 N.Y.2d 892, 597 N.Y.S.2d 953, 613 N.E.2d 985).   The record establishes that defendant received meaningful representation (see, People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265;  People v. Rodriguez, supra ).   Defendant was afforded the lowest plea and sentence available to him as a second felony offender.   We have considered and rejected defendant's remaining claims.

MEMORANDUM DECISION.